Tipton County cited for another Open Door Law violation

Tipton Citizens for Responsible Government chairman Brent Snow sent a report to Britt on Feb. 9 alleging the Tipton County Wind Energy Economic Development Fund Committee failed to provide public notice of an executive meeting on Jan. 28.

Snow contended the committee’s purpose is to advise officials on how to use the funds at their disposal. As a result, the committee should be considered a public agency required to adhere to the Open Door Law.

County attorney Mark Regnier explained in his formal response to the complaint that the committee is “strictly an advisory group” and has no power to take action on behalf of agencies such as the county council or board of commissioners.

“The Wind Energy Committee only makes recommendations to the council and commissioners, and in the instant case, the county council was not obligated to accept any recommendations or suggestions whatsoever from the Wind Energy Committee,” Regnier explained in his written response.

Britt ruled that the committee was not exempt from the Open Door Law, even if its rulings were not final and were only serving in an advisory capacity. The committee was viewed to be receiving information and deliberating.

“A majority of a governing body which gathers together for any one or more of these purposes is required to post notice of the date, time and place of its meetings at least 48 hours in advance of the meeting, not including weekends or holidays,” Britt’s official conclusion read.

Britt also deemed a meeting held on Jan. 19 by two of the county commissioners, Mike Cline and Joe VanBibber, to interview candidates to fill the position of county attorney, was done so in violation of the Open Door Law after Snow brought it to the state’s attention. Fellow commissioner Gerald Shuck did not attend the meeting.

The public access counselor is not an enforcement agency, and any fines levied for the violations would have to come from circuit court.